Loss of thing due Flashcards
What happens to an obligation to deliver a specific thing if it’s lost or destroyed without the debtor’s fault and before any delay?
The obligation is extinguished.
When is an obligor responsible for damages even if a fortuitous event causes the loss of the thing due?
The obligor is responsible for damages when the law or stipulation holds them liable even for fortuitous events or when the nature of the obligation requires the assumption of risk.
Under what circumstances is a thing considered lost?
A thing is considered lost when it perishes, goes out of commerce, disappears in such a way that its existence is unknown, or cannot be recovered.
What legal concept is comparable to the “loss of the thing due” in obligations to do?
It is the equivalent of the “impossibility of performance.
What is the effect of the loss of a generic thing on the obligation?
The obligation is not extinguished. The debtor can still be compelled to deliver a thing of the same kind. However, the creditor cannot demand a thing of superior quality, and neither can the debtor deliver a thing of inferior quality.
Explain the principle of “genus nunquam perit” and its relevance to Article 1263.
“Genus nunquam perit” means “the genus never perishes.” This principle is relevant to Article 1263 because generic things can be replaced, and therefore, their loss does not extinguish the obligation.
Can the creditor demand a higher quality thing or the debtor deliver a lower quality thing in an obligation to deliver a generic thing after a loss?
No. The creditor cannot demand a thing of superior quality, and the debtor cannot deliver a thing of inferior quality.
What are the three requisites for an obligation to give to be extinguished by the loss of the thing?
The three requisites are: (1) the obligation is to deliver a specific or determinate thing; (2) the loss of the thing occurs without the fault of the debtor; and (3) the debtor is not guilty of delay.
List the four situations where the loss of a specific thing will not extinguish the debtor’s liability even without fault or delay.
The four situations are: (1) when the law so provides; (2) when the stipulation so provides; (3) when the nature of the obligation requires the assumption of risk; and (4) when the obligation to deliver a specific thing arises from a crime.
Who decides if a partial loss is significant enough to extinguish the obligation?
The courts will decide.
What is partial loss, and what is it equivalent to in obligations to do?
Partial loss is when only a portion of the thing is lost or destroyed, or when it suffers depreciation or deterioration. It is the equivalent of difficulty of performance in obligations to do.
What presumption arises if a thing is lost while in the debtor’s possession?
It is presumed that the loss was due to the debtor’s fault.
In what natural disaster situations does the presumption of fault not apply to the debtor?
The presumption of fault does not apply in cases of earthquake, flood, storm, or other natural calamity.
When is a debtor released from an obligation to do due to the impossibility of performance?
The debtor is released when the prestation becomes legally or physically impossible without the fault of the obligor.
Explain the concept of a resolutory condition in the context of an employment contract.
A resolutory condition is an event, that when it occurs, terminates the contract. For example, an employment contract may have a resolutory condition that the employee must renew their residency and work permits for the employment contract to continue. If the permits are not renewed, the contract is extinguished, and the employer is no longer obligated to continue employing the employee.
